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Louisiana Legal Ethics Newsletter: October 2018

October 2018 Newsletter

ABA Provides (Fairly Obvious) Advice on “Ethical Obligations Related to Disasters”

In Louisiana, we know disasters. Katrina, Rita, Betsy, and BP to name a few. So, our lawyers unfortunately have experienced the personal, legal, and ethical issues associated with them. What obligations do lawyers have in the wake of such natural and man-made catastrophies?

Lawyer Disciplined for Creating False Match.com Profile to Harass Opposing Counsel

A (creepy) lawyer created unauthorized online registrations in the name of his opposing counsel, including at Obesity Action Coalition, Pig International, and Diabetic Living. He also fabricated false reviews and negative, one-star ratings regarding her professional competence on Martindale.com, Lawyers.com, and Facebook.com. What discipline was imposed?

Yet Another State Rejects ABA’s Model Anti-Discrimination Rule

On September 10, 2018, Idaho became the seventh state to reject efforts to amend lawyer-conduct standards to include the anti-discrimination provision of ABA Model Rule 8.4.

New Orleans Law Firm Disqualified for Being Adverse to Former Client in Substantially-Related Matter

Noting that the “proper method to compare the representations is to look at how they are alike, not how they are different,” Judge Carl J. Barbier had “no difficulty concluding that representations are substantially related where counsel advises its current client on the subject matter it had previously advised its former client, in an effort to help the current client to prevail over the former on a critical issue shared between the two representations.” What law firm? What case?

Another State Allows Lawyers to Give Marijuana-Use Advice to Clients

More than thirty jurisdictions in the United States, including Louisiana, permit some type of marijuana sale and use. But much of what these state and local jurisdictions permit remains illegal under the federal Controlled Dangerous Substances Act. What's a lawyer to do to avoid assisting a marijuana industry client in conduct that the lawyer knows is criminal?

This Month in Discipline

Who was reprimanded, suspended, and disbarred last month? You can wait for the next LSBA Bar Journal. Or, you can see right now: This Month in Louisiana Lawyer Discipline.
Copyright © 2018 Louisiana Legal Ethics, All rights reserved. A free, monthly newsletter by Prof. Dane S. Ciolino of Loyola University New Orleans College of Law covering recent developments in legal ethics for Louisiana lawyers.
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